Changes of circumstances and reporting them
Produced in partnership with Meghan Vozila of Penningtons Manches Cooper, Lesley Kemp of Helen Smith Immigration and Jocelyn Howorth of Immigration Joss

The following Immigration practice note produced in partnership with Meghan Vozila of Penningtons Manches Cooper, Lesley Kemp of Helen Smith Immigration and Jocelyn Howorth of Immigration Joss provides comprehensive and up to date legal information covering:

  • Changes of circumstances and reporting them
  • Cancellation and curtailment of permission
  • Powers to vary, cancel and curtail permission
  • Additional cancellation and curtailment grounds for persons in work, business, investment and study routes
  • Simplified work, business, investment and study routes
  • Tier 1 (Investor) and Tier 1 (Entrepreneur)
  • Cancellation and curtailment for family members
  • Allegations of domestic violence
  • Travel
  • Process for cancellation or curtailment where there has been a change of circumstances
  • More...

Changes of circumstances and reporting them

Changes in a person’s circumstances which occur after the grant of entry clearance or permission:

  1. may lead to the cancellation or curtailment of their stay in the UK if they have limited permission to enter or stay, and

  2. often need to be reported to the Home Office

Of course, reporting such a material change of circumstances to the Home Office can trigger cancellation or curtailment. This Practice Note looks at both of these issues.

The removal of a person’s permission is termed:

  1. cancellation, where this occurs at the port of entry or where a person is outside the UK, or

  2. curtailment, where they are already in the UK

From 1 December 2020, the Immigration Rules, Part 9 no longer refers to curtailment, but to cancellation throughout. Cancellation has been redefined for the purposes of the Rules as meaning:

‘…cancellation, variation in duration, or curtailment, of entry clearance or permission, which can take effect immediately or at a specified future date and whether the person is in the UK or overseas.’

As such, both concepts are now generally encompassed, in the Rules, under the term cancellation. However, the High Court in R (C1) v SSHD has noted that cancellation has a distinct, narrower meaning in immigration legislation. Also, the Rules continue to refer to curtailment in relation to statelessness and EU Settlement Scheme

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